The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-29

tel'ect for which my friend Judge Turne !. :.
conspicuous To be sure it matters little II III.
court act upon Isaac p. Gray AS sn ind;v;s
and expes him from the Office Of Govaraat
the result Is the same precisely &c
they had acted upon the executive depart maa.
They have created vacancy, or, at their owa
sweet will, have installed another in his MI
If your Honors please, that tribunal anrrb ss
that can expel the chief executive and nv, "s1e
other in his place dominates the execniiva AZ
partment. suppose my friend would saw thu.
if / should seize upon some one of thu irS@
who are so kindly attending to what am sarta
and pitch him out of the window, that I w;
be dealing with the person simply, not WITH ~
court and vet the distinction would be one .hss
/ think neither the judge that went ont Of ~
window nor the four that remained here yro.ls
appreciate
No, SIR the doctrine that the courts-sna
your Honors please. it is not simply this anon.
tribunal. but the Marion Circuit Cont o. :. as'
Posey Circuit Court-may expel or install az Az
chief executive of Indiana is not to be admi,,as
Now there IS, think, misconceptiou ana
thought that iii some of the questions orononaa
| ed by the judges this msconception was var
| apparent We are so much in the habit Of th;uIs
| ing and saying that the courts are to settle ~
disputes of every sort, and this court is 50 mush
| in the habit OF regarding itself as the Sn
| preme Appellate Court of the STAT
Of Indiana, having jurisdiction of all onss
| tions, that you have not, and natural.
| ", considered the questions which are seldom
/ presented to US, as to the limits of your nouas
| And SO, popularity, we say whenever any ons
| ton arises, Take it to the Supreme Court t.,
| us have their opinion about it, The CONT.
| themselves, may say, without any disresne.,
| have come to regard their functions to be- th.,
of the mother hem to cover everything that i
| in alarm or dispute.
| No one reioices more than l. IL your Hono,.
| please, that those questions OF personal riphs
| which were once left to the arbtrament of forea
| may be now confded to the seacefui adiudies
| whether the Supreme Court of this State, or 81
| the United States, can make and unmake tia
! chief executive.
| It was suggested. in usurper entered
| into the office of Governor Gray, and exnelaS
him and got possession of the great seal. if il i
| in his custody, whether this court could NOT
| turn that usurper out. Why, if your Honors
| please, the Constitution of Indiana has not lsft
| the chief executive to that ready and willing
and. have no doubt, wise help which you womb
| render him by sending your sheriff to his rescps
in case like that 1t has constituted him CO.
ordinate, self contained, self defended branch az
the government Of the State OF Indiana 1t haa
| put at his disposal the army and the navy of thu
State. He does not need to appeal in the d.
Tense of his perogative. when, by the formalities
Of the Constitution, he has been indicted into tho
Office. to the sheriff of any court Your sheriff
is for your protection. He has right to cali
upon the body of the community to prs.
serve your dignity, to repress intrusion
and to punish contempts. But the executive
and, may not suggest the Legislature Of this
| State is clothed in its own right with ampa
powers of self-protection. l DO not think that
the Legislature, either branch of it, could al.
low any executive officer or administrative
officer Of any court to intrude into its precincts
with any writ. 1t has tho power to hedge itself
around and to lay the duty upon the men who
serve it to protect it.
So it is, il your Honors please, that the COM
mon impression which we have, because it is the
experience of ordinary life. because it the
l 49, ~ DO IL. :
does deal with questions, that it dsposes Of
property between rival contestants, that it es-
, tablishes or annuls transactions, and that we
are so seldom and it is we'll SO, brought to con.
front these fundamental principles of govern
. ment, and of the limitations of the power Of
the several departments which are involved
; here
,, Justice Mitchell-In the event, General Hsr.
rison. that the Senate should undertake to repel
, the intrusion of Colonel Robertson and imprison
!, him for contempt, would the court have no power
!, to interferel
Senator H:rrison-very clearly not, If your
| Honors please; no more than the Legislature
would have the right to interfere if you should
, imprison him here for contempt of your court
, | not whit more
Justice Mitchell-Have we not a recent emf.
nent example where the Supreme Court Of the
United States took an individual out of tho
. hands of Congress and imprisoned hint
t Senator Harrison-Yes, sir, undoubtedly; IN
q doubtediy, under a writ of habeas corpus, you
= might consider whether the man was lawfully
q restrained. That do not deny.
. Justice Mitcbell-Then we would have to in.
. quire whether or not he would have the right u
a 60 there and offer to presided
Senator Harrison-No, sir; not that at all
You could not decide the question of his right to
r preside, or enforce such judgment but you
r might, perhaps, decide as ia that case that the
: man must be discharged upon habeas corpus
That was a case of an examination before COM
mittee of the body, and the decision was as to
J. whether they might or might not imprison him
!. for refusal to answer certain questions. But
q let me ask your Honor question, not, Of course.
for answer; and desire TO say it gives me great
It pleasure at any time to have any suggestion
70 from any member of the court if there is any
r. point that am discussing upon which, 10 th(
if opinion of the court any judge would desire "a
IS have me express myself more fully.
e Justice MITCHELL only wanted to draw ou
e your idea, because l feel the eorce Of your sug
:, eestons. If they were of no consequence,
c. would not have asked the question.
u Senator Harrison-I cannot believe that this
1t court can send into the Senate OF Indiana any
= writ. l do not say there might not questions
D, arise as to the Governor, collateral in somt
G actions, that this court may pass upon; but wha
n do hold is that, when comfortable to the Con
le stitution, the Legislature-the political depart
to ment OF this gcverDment-have recognized !
e man rs President or as Governor, the court may
~ not inquire whether he is such or not.
N Justice Zollars-Alow me to put question
10 believe il pus the other day, and answered
Of that it was not supposable case But no."
at suppose the Legislature should count the votes
n for man and declare him to be Governor at TIM
at time. and there came b conflict between mn
ne and the incumbent, is there any remedy for tna
1t conflict through the courts at ally
s, Senator Harrison--None whatever, IT youl
ne Honors please. That is very apparent ln. INV
ve such conditions as that the courts cannot enter
al You may try questions of assault and battery y
ee of treason growing out of the conflict, out no
ct the title of the claimants to the Office.
Ill Justice Zollars-That is your ideal
OF Senator Harrison-That is my idea II lns
Id courts could control matters of that KIM W.
I would have had no rebellion. 1 do not say ina
in there may not be cases where your Honors couit
ce pun ish individual where you could Try S sn'
ay condo mn and execute him for treason: ~ Sel
e, tanly. there might be such cases But 40 boI
We this: That where the Legislature has, accoau